Conservatorship in California is similar to adult guardianship in other states. When individuals become incapacitated and incapable of managing their own affairs, other adults can request authority from the courts to support that individual.
Most people do not want to lose control of their lives, finances and medical treatment, and the courts generally only grant conservatorship when it is truly necessary. However, the transfer of authority can put vulnerable people at risk of abuse and financial exploitation.
No one can fully protect themselves from incapacity. That’s why it’s wise to create legal documents in advance that can protect those who become incapacitated from being subject to a conservatorship.
Durable powers of attorney are valid until death
Standard POAs may lose their authority if the courts determine that the principal who created them is permanently incapacitated. Brain injuries, dementia and other significant medical challenges could leave people at risk of conservatorship even if they had have medical or financial POAs in place.
Durable POAs can help protect against that exact situation. The document has special language stating that it retains its legal authority even if the principal becomes incapacitated. The agent or attorney-in-fact can serve many of the same functions as a conservator. The main difference is that the incapacitated person has control over who fills that role.
Expanding an estate plan to include durable powers of attorney can be beneficial for people in a variety of different situations. People who want to limit their legal and financial exposure in challenging medical scenarios benefit from having experienced legal guidance with the creation of these documents.
